WVC 22 C- 1 - 6
§22C-1-6. Powers, duties and responsibilities of authority
generally.
The Water Development Authority has and may exercise all
powers necessary or appropriate to carry out and effectuate its
corporate purpose. The authority has the power and capacity to:

(1) Adopt and, from time to time, amend and repeal bylaws
necessary and proper for the regulation of its affairs and the
conduct of its business and rules to implement and make effective
its powers and duties, such rules to be promulgated in accordance
with the provisions of chapter twenty-nine-a of this code.

(4) Sue and be sued in its own name and plead and be impleaded
in its own name and particularly to enforce the obligations and
covenants made under sections nine, ten and sixteen of this
article. Any actions against the authority shall be brought in the
circuit court of Kanawha County in which the principal office of
the authority shall be located.

(5) Make loans and grants to governmental agencies for the
acquisition or construction of water development projects by any
such governmental agency and, in accordance with the provisions of
chapter twenty-nine-a of this code, adopt rules and procedures for
making such loans and grants.

(6) Acquire, construct, reconstruct, enlarge, improve, furnish, equip, maintain, repair, operate, lease or rent to, or
contract for operation by a governmental agency or person, water
development projects and, in accordance with the provisions of
chapter twenty-nine-a of this code, adopt rules for the use of such
projects.

(7) Make available the use or services of any water
development project to one or more persons, one or more
governmental agencies or any combination thereof.

(8) Issue water development revenue bonds and notes and water
development revenue refunding bonds of the state, payable solely
from revenues as provided in section nine of this article unless
the bonds are refunded by refunding bonds, for the purpose of
paying all or any part of the cost of, or financing by loans to
governmental agencies, one or more water development projects or
parts thereof.

(9) Acquire by gift or purchase, hold and dispose of real and
personal property in the exercise of its powers and the performance
of its duties as set forth in this article.

(10) Acquire in the name of the state, by purchase or
otherwise, on such terms and in such manner as it deems proper, or
by the exercise of the right of eminent domain in the manner
provided in chapter fifty-four of this code, such public or private
lands, or parts thereof or rights therein, rights-of-way, property,
rights, easements and interests it deems necessary for carrying out
the provisions of this article, but excluding the acquisition by the exercise of the right of eminent domain of any public water
facilities, stormwater systems or wastewater facilities, operated
under permits issued pursuant to the provisions of article eleven,
chapter twenty-two of this code and owned by any person or
governmental agency, and compensation shall be paid for public or
private lands so taken.

(11) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the performance
of its duties and the execution of its powers. When the cost under
any such contract or agreement, other than compensation for
personal services, involves an expenditure of more than two
thousand dollars, the authority shall make a written contract with
the lowest responsible bidder after public notice published as a
Class II legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code, the publication
area for such publication to be the county wherein the work is to
be performed or which is affected by the contract, which notice
shall state the general character of the work and the general
character of the materials to be furnished, the place where plans
and specifications therefor may be examined and the time and place
of receiving bids, but a contract or lease for the operation of a
water development project constructed and owned by the authority or
an agreement for cooperation in the acquisition or construction of
a water development project pursuant to section sixteen of this
article is not subject to the foregoing requirements and the authority may enter into such contract or lease or such agreement
pursuant to negotiation and upon such terms and conditions and for
such period as it finds to be reasonable and proper under the
circumstances and in the best interests of proper operation or of
efficient acquisition or construction of such project. The
authority may reject any and all bids. A bond with good and
sufficient surety, approved by the authority, is required of all
contractors in an amount equal to at least fifty percent of the
contract price, conditioned upon the faithful performance of the
contract.

(12) Employ managers, superintendents and other employees, who
are covered by the state civil service system, and retain or
contract with consulting engineers, financial consultants,
accounting experts, architects, attorneys and such other
consultants and independent contractors as are necessary in its
judgment to carry out the provisions of this article and fix the
compensation or fees thereof. All expenses thereof are payable
solely from the proceeds of water development revenue bonds or
notes issued by the authority, from revenues and from funds
appropriated for such purpose by the Legislature.

(13) Receive and accept from any federal agency, subject to
the approval of the Governor, grants for or in aid of the
construction of any water development project or for research and
development with respect to public water facilities, stormwater
systems or wastewater facilities and receive and accept aid or contributions from any source of money, property, labor or other
things of value to be held, used and applied only for the purposes
for which such grants and contributions are made.

(14) Engage in research and development with respect to public
water facilities, stormwater systems or wastewater facilities.

(15) Purchase property coverage and liability insurance for
any water development project and for the principal office and
suboffices of the authority, insurance protecting the authority and
its officers and employees against liability, if any, for damage to
property or injury to or death of persons arising from its
operations and any other insurance the authority may agree to
provide under any resolution authorizing the issuance of water
development revenue bonds or in any trust agreement securing the
same.

(16) Charge, alter and collect rentals and other charges for
the use or services of any water development project as provided in
this article and charge and collect reasonable interest, fees and
charges in connection with the making and servicing of loans to
governmental agencies in the furtherance of the purposes of this
article.

(17) Establish or increase reserves from moneys received or to
be received by the authority to secure or to pay the principal of
and interest on the bonds and notes issued by the authority
pursuant to this article.

(18) Administer on behalf of the Department of Environmental Protection the Dam Safety Rehabilitation Revolving Fund Loan
Program pursuant to the provisions of article fourteen of chapter
twenty-two of this code. Revenues or moneys designated by this
code or otherwise appropriated for use by the authority pursuant to
the provisions of this article may not be used for the Dam Safety
Rehabilitation Revolving Fund Loan Program and moneys in the Dam
Safety Rehabilitation Revolving Fund shall be kept separate from
all revenues and moneys of the authority.

(19) Do all acts necessary and proper to carry out the powers
expressly granted to the authority in this article.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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